TikTok sues the U.S. over potential ban

These two have been going at it like Godzilla and Kong. And until this week, it seemed as though the U.S. had ByteDance in a corner and all hope was lost.

HOWEVER, it appears that TikTok is not going down without a fight.

As of this week, ByteDance is now suing the U.S. over the new law. They're calling it "unconstitutional" and a violation of users’ First Amendment rights.

“Congress has taken the unprecedented step of expressly singling out and banning TikTok: a vibrant online forum for protected speech and expression,” ByteDance said in its suit on Tuesday.

The suit goes on to say,

“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide.”

There's no doubt TikTok's an app that MILLIONS of Americans use to share their views and thoughts with one another.

Which is why ByteDance believes the ban would be a direct First Amendment violation.

According to some legal experts, a mandate to sell or block the app could result in changes to TikTok’s content policies. It could shape what users are able to share on the platform. So that could potentially violate their free speech rights.

Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, expects TikTok to succeed in their challenging of the ban.

“The First Amendment means the government can’t restrict Americans’ access to ideas, information, or media from abroad without a very good reason for it—and no such reason exists here,” Jaffer said in a printed statement.

If the lawsuit is successful, it wouldn’t be the first time TikTok managed to block a ban.

Last year, Montana passed a law that would have barred the app from operating in the state. This law was blocked by a federal judge, who ruled it violated the First Amendment.

Trump also tried to ban or force the sale of TikTok in 2020. The federal courts blocked that attempt as well. Their reason was that it would shut down a “platform for expressive activity.”

As per usual, hold fast. We’re not any closer to knowing what the future holds.

-Sophie, Pop Culture Queen